Terms and Conditions for Tiffin Providers

These terms apply to your access to and use of The Tiffin Time App on www.tiffin-time.com and our mobile app, also the Admin Panel. This service is provided by The Tiffin Time App.

By signing the contract or by accepting a Collection order through the Admin Panel you confirm that:

You are accepting a collection order on the basis of these terms and conditions.
You have authority to do so and to bind the person or company you are accepting for.
You accept our offer to provide the Admin Panel Service on these terms.
You agree to and will comply in full with these terms.
Your satisfactory completion of certain checks (including ID and food hygiene rating checks) required by Tiffin Time from time to time is a condition of this contract coming into effect.

This forms a contract between you and Tiffin Time, which commences on the later of the date of your acceptance and the date on which you have completed Tiffin Time’s onboarding checks from time to time to Tiffin Time’s satisfaction. You should save a copy of these terms for your records. We may make changes to these terms, so check back here from time to time. If you access or use the Admin Panel Service after being notified of a change, you’re deemed to have accepted that change.

What is the Admin Panel Service

Tiffin Time provides an ordering and customer management platform via the Admin Panel, through which customers can place orders with Providers. On launch, Tiffin Time does not offer delivery services to Providers. However, Providers may choose to arrange and fulfil their own delivery independently. Tiffin Time is not responsible for any issues arising from Provider-managed deliveries.

By signing up to the Admin Panel Service, you authorise Tiffin Time to act as your agent to solicit, promote and conclude contracts for orders in your name and on your behalf, and to collect customer payments owed to you in respect of those orders.

Customer payments made in respect of orders placed with you through the Admin Panel Service will be held by Tiffin Time on your behalf; payment to Tiffin Time settles the customer’s payment obligation to you for these orders.

To do:

Onboarding and set-up:

Comply with our Food Hygiene Policy.
Provide all information, materials and assistance reasonably required by Tiffin Time to onboard you to the Admin Panel. You must ensure that the information you provide to Tiffin Time and customers in or in respect of your use of the Admin Panel Service is complete and accurate in all material respects.
If you are new to the Admin Panel, provide us with accurate descriptions of menu items (including any relevant allergen advice and applicable VAT amounts). You agree that (a) We may make limited and reasonable edits to menu item descriptions from time to time (including where legally required);
Maintain valid public liability insurance and food hygiene certifications at all times and provide evidence of such upon request by Tiffin Time.

Use of Admin Panel Service:

Keep your menu up to date - by giving us at least three days’ notice of changes you require us to make for you or by making your own changes through the Admin Panel.
Ensure that all relevant menu items are available to be ordered by a customer during your opening hours, and accept and reject orders as appropriate.
Ensure that all orders are prepared using all due skill, care and diligence in line with best practice in your industry.
Ensure that all orders are packaged in a way that avoids tampering, minimises spillages, and maintains the order at an appropriate temperature.
Prepare orders promptly, accurately and in accordance with the timescales communicated via the Admin Panel. In particular, you must ensure that menu items: (a) correspond with the descriptions on the Admin Panel (including indications that particular menu items are gluten free, nut free, or are suitable for vegetarians and/or vegans etc); (b) are not harmful to health or the environment; (c) have been properly cooked or prepared and are otherwise safe, fit for transportation and consumption and palatable; (d) are safely, securely and appropriately packaged at all times (including as reasonably required to withstand delivery, if applicable); and (e) are at an appropriate temperature for consumption by the customer.
Take account of any information relating to customer allergies provided with the order.
Ensure that the order number on the packaging corresponds with the order number provided by Tiffin Time.
Provide each customer with an official receipt for their order (and a VAT receipt, if applicable) if requested.

Service Standards:

Use reasonable endeavours to reject less than 1% of orders received through the Admin Panel.
Use reasonable endeavours to ensure that no more than 1% of orders contain errors.
You should be available for orders for 98% of your opening hours on the Admin Panel.

Service Enforcement:

Tiffin Time reserves the right to issue warnings, suspend or terminate access to the Admin Panel if you fail to meet the Service Standards, including consistently rejecting more than 1% of orders or having a greater than 1% error rate in order preparation.

General Requirements:

Maintain the security and confidentiality of any access credentials we provide to you at all times. You are responsible for the actions of any person using your access credentials.
Comply with all applicable laws and licensing, registration and approvals requirements at all times, and any and all Tiffin Time policies made available to you from time to time.
Without prejudice to your general obligation above, you warrant that you have not and will not do anything that breaches any applicable code and/or sanction relating to the prevention or prohibition of bribery, money laundering and similar activities. You must immediately notify Tiffin Time if you become aware of any breach of this clause.
Without prejudice to your general obligation above, you shall comply, and procure that all of your employees, contractors, agents and representatives comply, with applicable anti-slavery laws, as relevant to your use of the Admin Panel Service and your fulfilment of orders. You must use reasonable endeavours on a continuing basis to ensure that no form of slavery takes place in your supply chains.
Cooperate with Tiffin Time and provide, in a timely manner, such assistance and information as Tiffin Time may reasonably require.

Refunds and Dispute Resolution:

In the event of a customer complaint, Tiffin Time will investigate and determine fault. If the issue is due to the Provider, the refund amount will be deducted from your next payment. Providers may raise concerns via the Admin Panel within five (5) business days of notification.

Force Majeure:

Neither party will be liable for delay or failure to perform its obligations if caused by circumstances beyond its reasonable control, including but not limited to natural disasters, strikes, governmental actions, or pandemics.

Leased Device Handling:

If using a leased device, you are responsible for any loss, damage, or misuse. You must return the device in good condition upon termination. Failure to do so may result in a replacement fee, which will be communicated in advance.

Relationship with Provider Agreement:

These Terms and Conditions should be read in conjunction with the Tiffin Service Provider Agreement. In the event of a conflict, the provisions of the Service Provider Agreement shall prevail unless otherwise stated.

Intellectual property

All rights, title and interest in and to the Admin Panel, any software we provide for your use and any other materials we provide to you under or in connection with these terms are and shall at all times remain Tiffin Time’s intellectual property (Tiffin Time IP). We grant you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable licence to use the Tiffin Time IP in the country you operate in during the Term for the sole purpose of using the service.

You must not (and shall not permit any third party to):

copy, adapt, reverse engineer, decompile, modify or make error corrections to any Tiffin Time IP other than with our express prior written consent;
breach, disable, tamper with, or develop or use any workaround for any security measure in any Tiffin Time IP or otherwise do anything that disrupts any Tiffin Time IP, Tiffin Time or any person.

Tiffin Time grants you a non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use Tiffin Time branding, which includes the “Tiffin Time” logo, name and/or website address for the Term in the country you operate in to allow you to advertise the service at your sites. You must comply with any Tiffin Time policy issued from time to time.

You grant us and our affiliates a non-exclusive, royalty-free licence to use your branding which includes your logos, name and website address(es) for the Term in the country you operate in. You warrant and undertake that your branding does not and will not infringe any third party intellectual property rights. We can use your branding on the Admin Panel, for marketing purposes and as reasonably necessary to provide the service.

Except for these limited licences:

Tiffin Time retains ownership of and all rights in and to Tiffin Time branding; and
You retain ownership of and all rights in and to your branding.

We may collect data about your use of the service. By using the service you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.

Suspension and termination

We may suspend your use of the Admin Panel on giving you notice if we know or suspect you have breached these terms, or if we otherwise consider suspension reasonably necessary taking account of all relevant circumstances.

We will give you the reasons for the suspension where permitted by law. We will maintain the suspension until you have remedied the breach to our reasonable satisfaction or we no longer consider the suspension necessary in the circumstances.

These terms take effect on acceptance (see above) and continue until terminated by either party giving 30 days’ written notice to the other. If permitted by law and where we consider immediate termination necessary in the circumstances, we may give you written notice to terminate these terms with immediate effect.

SAVE AS SET OUT BELOW, WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO THE SERVICE, ORDERS PLACED BY CUSTOMERS USING THE SERVICE OR THESE TERMS.

Customers may be eligible for compensation in respect of an Order. Tiffin Time will determine this in accordance with the complaint. Refunds for which you are responsible will be deducted from our payment to you.

THE SERVICE IS OTHERWISE PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS.

Each party shall not at any time during this agreement and for a period of two years after termination of this agreement, use or disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as necessary to perform its obligations or exercise its rights under these terms. A party may disclose the other’s confidential information if required by law, provided it notifies the other in advance where permitted.

These terms are the entire agreement between us in relation to the service. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.

A delay in enforcing these terms is not a waiver. If part of these terms is found to be illegal or unenforceable, the rest of the terms remain in force. These terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999. Neither of us will be in breach of these terms or liable for delay in performing, or failure to perform, any of its obligations under these terms if the delay or failure results from events, circumstances or causes beyond our reasonable control.

These terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction in respect of any dispute or claim arising out of or in connection with these terms. If you wish to raise a dispute in connection with these terms you may do so in connection with our Support Policy.

Data protection

We will each comply with the following with respect to data protection.

1. DEFINED TERMS

Controller, Data Subject, Personal Data and processing all have the meanings given to them in DP Laws (and related terms like process have corresponding meanings).

Complaint a notice, complaint or request relating to the obligations of either party under DP Laws that is relevant to the Protected Data.

Data Subject Request a Data Subject’s request to exercise their rights under DP Laws.

DP Laws any law, enactment, regulation, regulatory policy, by law, ordinance or subordinate legislation relating to the processing, privacy, and use of Personal Data, that applies to the Partner, and Tiffin Time, including (a) any laws or regulations implementing EU Directives 95/46/EC (Data Protection Directive) or 2002/58/EC (ePrivacy Directive); and (b) the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) and all relevant Member State laws giving effect to or corresponding with the GDPR, in each case, as in force and applicable.

Protected Data Personal Data received from or on behalf of the Customer for the purposes of placing an order.

Supervisory Authority any local, national or multinational agency, department, official, parliament, public or statutory person or any government or professional body, regulatory or supervisory authority, board or other body responsible for administering DP Laws.

2. USE OF PROTECTED DATA

We will give you the details of the customer’s service order to allow you to process and fulfil it (Order Info). You must not access or use any Order Info for any purpose other than the fulfilment of the service order to which it relates in accordance with these terms.

We will also provide access to Protected Data at your request if you reasonably require access to deal with a customer Complaint or respond to a Data Subject Request.

3. PROTECTED DATA OBLIGATIONS

The parties acknowledge and agree that, in respect of the Protected Data, each party is an independent controller. Each party shall comply with DP Laws and its obligations under these terms in connection with the access to and use of Protected Data.

Each party may deal at its discretion with all Data Subject Requests and Complaints that it receives directly from a Data Subject or the person making the Complaint.

Each party agrees to provide reasonable and prompt assistance to the other party as necessary to assist the other party to ensure compliance with its obligations under DP Laws and enable the other party to comply with Data Subject Requests and/or respond to other queries or Complaints received from Data Subjects or Supervisory Authorities, in each case related to the Protected Data.

To the extent permitted by law, you must not issue any public statement or notification about Protected Data without first obtaining Tiffin Time’s consent.

Equipment and joining fees

You will need a tablet/computer to start accepting Orders.

For new customers, when signing up you will be given two options for equipment.

You can use your own device (which you are responsible for obtaining and maintaining).
You can lease a Tiffin Time device. The risk in the device passes from us to you upon installation. We retain title to the device at all times. You must let us know of any faults with, or damage to, the device and give us access to your site during normal business hours to inspect, clean, repair, replace or remove the device. We may charge a reasonable fee for repairing or replacing a device.

We will make software available to you to use on the equipment so that you can use the Admin Panel Service. This software constitutes Tiffin Time IP (see below) and it remains our property at all times. You must promptly implement any patches, updates, upgrades and/or new versions of such software that we release from time to time.

Intellectual property

All rights, title and interest in and any software we provide for your use and any other materials we provide to you under or in connection with these terms are and shall at all times remain Tiffin Time’s intellectual property (The Tiffin Time App IP). We grant you a limited, non-exclusive, non-transferrable, non-sublicensable, revocable licence to use the Tiffin Time IP in the country you operate in during the Term for the sole purpose of using the Admin Panel Service.

You must not (and shall not permit any third party to):

copy, adapt, reverse engineer, decompile, modify or make error corrections to any Tiffin Time IP other than with our express prior written consent;
breach, disable, tamper with, or develop or use any workaround for any security measure in any Tiffin Time IP or otherwise do anything that disrupts any Tiffin Time IP, Tiffin Time or any person.

Tiffin Time grants you a non-exclusive, royalty-free, non-sublicensable, non-transferable licence to use Tiffin Time branding, which includes the “Tiffin Time” logo, name and/or website address for the Term in the country you operate in to allow you to advertise Admin Panel Service at your sites. You must comply with any Tiffin Time policy issued from time to time.

Except for these limited licences:

Tiffin Time retains ownership of and all rights in and to Tiffin Time branding; and
You retain ownership of and all rights in and to your branding.

We may collect data about your use of Admin Panel Service. By using Admin Panel Service you agree to us collecting and using this information. We may use this information for various purposes, including to improve, maintain, protect and develop our products, and to provide Services to you.

Suspension and termination

Legal terms

SAVE AS SET OUT BELOW, WE EXCLUDE ALL LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE HAVE NO LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT OR SPECIAL DAMAGES OF ANY KIND OR FOR LOSS OF PROFITS, REVENUE OR BUSINESS ARISING OUT OF OR RELATING TO THE ADMIN PANEL SERVICE, ORDERS PLACED BY CUSTOMERS USING THE ADMIN PANEL SERVICE OR THESE TERMS.

Customers may be eligible for compensation in respect of an order. Tiffin Time will determine this in accordance with the complaint. Refunds for which you are responsible will be deducted from our payment to you.

THE ADMIN PANEL SERVICE IS OTHERWISE PROVIDED AS-IS. WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE ADMIN PANEL SERVICE INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON INFRINGEMENT OF THIRD-PARTY RIGHTS.

These terms are the entire agreement between us in relation to Admin Panel Service. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation based on any statement in these terms.

Payment Cycle

We refer to the agreement(s) between us that relate to the provision by us of Core Services and Admin Panel Services. Pursuant to the provisions in the Agreement that permit us to make amendments that do not materially affect the Services, we are amending the Agreements to alter the payment terms such that you are paid on approximately a bi-weekly basis.

This amendment sets out the basis on which the Core Services Fees and Admin Panel Services Fees, and the Menu Items Amount and Restaurant Payments are calculated.

Subject to transition periods notified to you:

Fees in your Agreement shall be calculated bi-weekly on the Calculation Day by reference to consecutive periods of approximately the 14 days ending on the Sunday immediately prior to such Calculation Day (or, during the first such period, such period from the commencement of the Agreement ending on the Sunday immediately prior to such Calculation Day) (each, a “Period”)
A day shall be regarded as beginning at 00:00 UTC time and ending at 23:59 UTC time;
Within 2 Business Days of the Calculation Day, Tiffin Time shall:

(i) send or otherwise make available to you a statement summarising the Menu Items ordered from the you during the the relevant Period (the “Menu Items Amount”)

(ii) send or otherwise make available to you a statement summarising the corresponding amount due to the you, which shall be the Menu Items Amount less the Fees applicable in the Agreement (the “Restaurant Payment” or “Partner Payment” as the case may be); and

(iii) authorise the transfer of the Restaurant Payment or Partner Payment (as the case may be) to you by electronic bank transfer to a bank account in the Territory nominated by you.

Notwithstanding the above, Tiffin Time may make available, and you may elect to apply, alternative arrangements for the Period or the timing of the Restaurant Payment or Partner Payment (as the case may be) from time to time. In the event of any conflict between the terms of such alternative arrangements and these terms, the terms of such alternative arrangements shall prevail.

“Calculation Day” means the applicable Tiffin Time standard day on which Tiffin Time calculates payments to restaurants and partners in the Territory .

Except as set out above, your Agreements with us shall continue in full force and effect. If there is any direct conflict or inconsistency between the terms above and your Agreements, the terms above shall prevail.

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